January, 2010

Gravel and Shea Prevails In Appeal Before Environmental Court

Gravel and Shea attorneys Stewart McConaughy, Bob O'Neill, and Ross Feldmann recently won a major victory in the Vermont Environmental Court. Over the course of several years, Gravel and Shea's client obtained permits necessary to build a Wal-Mart store in St. Albans. Most of these permits, which included Act 250, site plan and conditional use, subdivision, and stormwater discharge permits, wound up before the Environmental Court in consolidated appeals. During a three-day trial in 2009, Gravel and Shea countered challenges to various aspects of the project.

In a 55-page decision released January 20, 2010, the Court affirmed all permits and rejected the appellants' challenges, which concerned fiscal impact, traffic and the project's effect on primary agricultural soils, among other issues. The Court determined that evidence presented by Gravel and Shea demonstrated compliance with all applicable development and environmental requirements and granted Gravel and Shea's client permission to proceed with the development.

Licensed-Lender Statute Working Group Releases its Report and Recommendations to Vermont Legislature

At the end of the 2009 legislative session, the Vermont Legislature created a working group to study the effect of the Vermont Licensed Lender Statute, Title 8, Chapter 73 (the "Act") on certain commercial loan transactions. The working group consisted of representatives of the Vermont Department of Banking, Insurance, Securities and Health Care Administration, the Vermont Bankers Association, the Vermont Bar Association, the Agency of Commerce & Community Development, the Economic Development Authority and the entrepreneurial industry sector of Vermont. The Vermont Bar Association selected Gravel and Shea attorney William (Chip) A. Mason as its representative to the working group. The group studied the effect of limiting so-called commercial "angel loans" to loans in excess of $25,000; discussed methods of streamlining the commercial lender license application process; and addressed the inconsistencies in definitions of an owner-occupied multi-unit dwelling under Vermont and federal law. The group released its report to the Vermont Legislature on January 1, 2010, summarizing the work it had conducted. In addition to the report, the group proposed amendments to the Act and to the interest rate statute, Title 9, Chapter 4 that included the following:

• . Remove the $25,000 "floor" from the definition of a "commercial loan;"
• . Create a simplified license application and renewal process for lenders making only commercial loans that would: (i) lower initial license registration and renewal fees; (ii) exempt commercial lenders from the minimum liquid asset and bond requirements; and (iii) provide specific criteria for approval of a license submitted by a commercial lender;
• . Exempt commercial lenders from the requirement of filing an annual report; and
• . Exclude from the definition of a "commercial loan" loans obtained to finance family dwelling consisting of four units or less when used as a residence by the borrower.

We will monitor the proposed amendments as they go through the legislative process.

Ross Feldmann to Begin Term as Chair of Vermont Bar Association's Young Lawyers Division

Gravel and Shea associate Ross Feldmann is looking forward to his approaching term of office as chair of the Vermont Bar Association Young Lawyers Division. The YLD consists of VBA members who are under the age of 37 or who have been practicing fewer than five years. Mr. Feldmann is currently chair-elect and will assume the position of chair at the division's annual meeting in March. In addition to his work with the VBA, Mr. Feldmann also serves as the District Representative for Vermont and Maine for the American Bar Association Young Lawyers Division.

The YLD hosts several events throughout the year, including the Mid-Winter Thaw, which is one of the highlights of the VBA calendar. At the Thaw, an annual event in Montreal, members of the bar gather for Continuing Legal Education seminars and noteworthy guest speakers. Anyone who would like more information about the YLD and its programs is encouraged to contact Mr. Feldmann or the Vermont Bar Association.

Gravel and Shea Obtains $100,000 for Client Run Off Road by Reckless Driver

Following protracted and contested litigation, Gravel and Shea attorney Robert Hemley obtained a $100,000 settlement for injuries sustained by a father and his two children. The Complaint, filed in U.S. District Court, alleged that the Defendant forced our client off a snow-covered road while trying to pass at a high rate of speed. The Defendant denied liability, and engaged Dr. Paul Ross who offered the opinion that the injuries were modest, and that pre-existing back problems were causing the pain the client was experiencing. The case settled on the eve of trial.

A Successful 2009 United Way Community Campaign

Gravel and Shea's attorneys and staff members once again proudly supported the United Way's Community Campaign. With over eighty percent (80%) participation, our firm contributed over $9,000 to the United Way for its 2009 campaign. Our donations will benefit the United Way of Chittenden County's membership non-profit agencies which invest in the economic and social welfare of our community.

Senator Leahy Pays Tribute to Bob Hemley in the Congressional Record

Senator Patrick Leahy honored Bob Hemley on December 15, 2009 by reading into the Congressional Record a tribute to Bob which recognized his work to keep government proceedings and courts open to the public. Senator Leahy noted that Mr. Hemley is, like the Senator, one of only three recipients of the Matthew Lyon Award presented by the Vermont Press Association to persons who have demonstrated an unwavering dedication to First Amendment principles.

Click here for the full tribute as it appears in the Congressional Record.